Res 27-87 RESOLUTION 27-87
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING ALL PUBLIC ROADS AND CUL-DE-SACS
WITHIN RAINBERRY ESTATES DEVELOPMENT, BEING
THOSE PUBLIC ROADS AND CUL-DE-SACS LOCATED
WITHIN THE RECORDED AMENDED PLAT OF RAINBERRY
ESTATES, AS RECORDED IN PLAT BOOK 49, PAGES
60 AND 61, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; PROVIDING FOR CERTAIN
CONDITIONS TO WHICH SAID VACATING AND
ABANDONMENT IS SUBJECT.
WHEREAS, American Pioneer Savings Bank (formerly First
Fidelity Savings and Loan Association) is the fee-simple owner of
the South 392.00 feet of the North 988.55 feet as measured at
right angles to the North line of Section 7 of the Northwest
Quarter (NW 1/4) of Section 7, Township 46 South, Range 43 East,
Palm Beach County, Florida, LESS the East 40.00 feet thereof, as
more fully described in the Amended Plat of Rainberry Estates, as
recorded in Plat Book 49, Pages 60 and 61, of the Public Records
of Palm Beach County, Florida; and,
WHEREAS, Rainberry Group, Inc., a Florida corporation,
through its President, Roy Flack, as Agent for American Pioneer
Savings Bank, has petitioned the City of Delray Beach for the °
abandonment of certain public roadways and cul-de-sacs within
said Rainberry Estates development as legally described below;
and,
WHEREAS, Rainberry Group, Inc. and the Rainberry Bay
Master Association, Inc. have represented and acknowledged to the
City of Delray Beach that the Rainberry Bay Master Association,
Inc. shall be solely responsible for the upkeep, care,
maintenance, and repair of all of the public roads and
cul-de-sacs and their attendant facilities which are the s~bject
of this abandonment; and,
WHEREAS, the City Council of the City of Delray 'Beach,
Florida, finds that its interest in the described property is no
longer needed for the public good and deems it to be in the best
interests of the City of Delra¥ Beach to vacate and abandon said
roadways and cul-de-sacs within said Rainberry Estates
development,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Sectionol. That pursuant to Chapter 177, Section
177.101(5) and ChaDter 166 of the Florida Statutes, it is hereby
determined to vacate and abandon all right and interest it holds
to the following described real property:
All public roads and cul-de-sacs located
within the recorded AMENDED PLAT OF RAINBERRY
ESTATES, as recorded in Plat Book 49, Pages
60 and 61, of the Public Records of Palm
Beach County, Florida.
Section 2. That this abandonment is expressly subject
to the following conditions as a prerequisite to its
effectiveness:
(1) That the common property subject to this vacating and
abandonment shall remain undivided, and' no person,
irrespective of the nature of his interest in the common
property, shall bring any action or proceeding for partition
or division of the common property.
(2) The City hereby reserves to itself, its successors and
assigns the right to use-any portion of the abandoned
property for the installation, operation, maintenance, and
repair of utilities of every kind and description, including
but not limited to cable television services provided by
eligible grantees of the City of Delray Beach, Florida.
(3) The City hereby reserves for itself, its successors and
assigns the right to authorize in writing the installation,
operation, maintenance, and repair of utilities of every
kind and description, by any person, firm, association,
partnership or corporation, including but not limited to
cable television services provided eligible grantees of the
City of Delray Beach, Florida.
(4) The City reserves for itself, its successors and assigns and
any person or entity which it has authorized in writing as
described in paragraph (3) above to install, operate,
maintain, or repair utilities, including cable television
services as described in paragraphs (2) and (3) above, in
the abandoned property, a right of ingress and egress over
all of the abandoned property.
(5) That this vacating and abandonment of certain public roads
and cul-de-sacs within said Rainberry Estates development
shall be expressly subject to the right of ingress and
egress for all persons owning or occupying property in said
Rainberry Estates development, including their invitees, as
well as the right of ingress and egress for all public
utilities, and public vehicles, including, but not limited
to police, fire, and garbage and trash disposal vehicles.
(6) That the maintenance of roadways and cul-de-sacs which are
the subject of this abandonment shall henceforth be the
responsibility of the Rainberry Bay Master Association,
Inc., which shall maintain said roadways to suitable
standards to accommodate City services.
(7) That all drainage facilities within said Rainberry Estates
development shall be maintained by the Rainberry Bay Master
Association, Inc.
(8) That the Rainberry Bay Master Association, Inc., shall be
responsible for all traffic control, and all traffic control
signs and marking devices, as well as the maintenance of
these facilities in accordance with current traffic
standards.
(9) That the Rainberry Bay Master Association, Inc., shall be
responsible for the maintenance and operation of all street
lighting within said Rainberry Estates development, and
further that said association shall reimburse the City of
Delray Beach for all monies charged to the City by Florida
Power and Light under the current rate structure or as same
may be from time to time amended, for the electrical and
other costs attendant to the street lighting within said
Rainberry Estates development.
- 2 - Res. No. 27-87
(10) That the Rainberry Bay Master Association, Inc., shall be
responsible for the operation and maintenance, including all
attendant expenses, of all storm drains, but not water or
sewage lines or fire hydrants, within said Rainberry Estates
development.
(11) That in the event there is a default in the performance of
any of the above-referenced conditions which continues after
the City has provided sixty (60) days written notice to the
Rainberr¥ Bay Master Association, Inc., then the City shall
have the right to declare this resolution null and void and
thereby revoking the abandonment set forth herein and
reinstating the roads and cul-de-sacs described in Section 1
hereof as public streets and roadways vested in the City of
Delray Beach, Florida.
PASSED AND ADOPTED in regular session on this the
llth day of August , 1987.
M A Y O R
ATTEST:
City Clerk
- 3- Res. No. 27-87
ABANDONMENT OF STREETS AND
CUL-DE-SACS WITHIN RAINBERRY ESTATES
1" = 500' '
L.W.D.D. CANAL LATerAL L-
?IIA~T ·
¥
~ERRY BAY
SECTION SIX
BK. 42, PG. 6,7
Tn*CT ~' T.~ '0' IA~..~ '¢
RAINBERRY
BAY
SECTION i- A
(BK. ~4, P~. iC)i )